Form I-751

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Por: Vianey Hurtado
Abogado de Inmigración
Licenciado en Arizona desde: 2014

Form I-751 Immigration Attorney In Phoenix

Earning your green card in the U.S. through marriage is a beautiful milestone. Still, one important step to secure your permanent residency for the long term is removing the conditions on your conditional green card. To cross over to secure permanent residency without conditions, you need to file Form I-751, Petition to Remove the Conditions on Residence. This can be a difficult process, but that's where an experienced immigration attorney comes in, acting as your legal guide.

If you need to file Form I-751 in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the petition process, having Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of an immigrant. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

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Itzel L.

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VIANEY HURTADO es un abogado increíble. Desde el inicio de mis servicios ella y su equipo se aseguraron de que me sintiera bien cuidada. Ella y su equipo fueron pacientes, eficientes y compasivos conmigo.
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Betty G.

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El abogado Vianey K. Hurtado es un abogado de inmigración muy honesto, profesional y paciente que le da confianza en el curso de su caso. Ella me ayudó mucho y muy rápido para mi residencia.
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Juan E.

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Si mi familia y yo pudiéramos dar 100 estrellas lo haría. Vianey y todo su personal fueron serviciales desde el primer día. Siempre nos trató con gran profesionalismo. Siempre honesto y trabajador. Definitivamente la estaré recomendando!!!
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Lizbeth S.

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Mi padre tenía un caso migratorio muy duro, Vianey hizo un trabajo increíble. Muchas gracias, muy agradecido por todo lo que hiciste. Mi padre ahora es residente permanente gracias a ti.

What Is Form I-751 Petition For Removal Of Conditions?

Imagine your green card as a passport to permanent residency in the U.S. When you marry a U.S. citizen, you initially receive a conditional green card, valid for two years, if your marriage occurred less than 2 years before receiving your green card. Think of it as a temporary welcome designed to ensure the marriage is genuine and not solely for immigration purposes.

Before your conditional green card expires, you must file Form I-751, Petition to Remove the Conditions on Residence. This petition proves your marriage is truthful and allows you to transition to a full 10-year green card, granting you all the rights and privileges of permanent residency.

Here are some key steps to remember:

  • Timing is crucial: File Form I-751 within the 90-day window before your conditional green card expires. Failure to file the Form I-751 may result in a denial of your residency status and may land you in removal proceedings before an Immigration Judge.
  • Gather your evidence: Prepare documents showing your marriage is bona fide, such as joint tax returns, shared bank accounts, photos, and letters from friends and family. It is important to include documents from the inception of your marriage.
  • Contact an attorney: Consulting an immigration attorney can ensure your petition is complete and filed correctly.

How To Tell If You Have Conditional Residency

Here's a simple way to find out if you have conditional residency need, to file Form I-751 to remove conditions on your green card: 

  1. Check your green card: Look for the heading Category.
  1. If it says "CR1", your green card is conditional. This is common for spouses of U.S. citizens who recently married (within the past two years).

I-751 Petition Waiver - Filing Without Your U.S. Citizen Spouse

You may have entered your marriage with the intention of living the rest of your life with your spouse. However, there are times where your marriage results in a divorce, separation, or you have experienced abuse within the marriage. The I-751 petition contains a waiver that you may apply for, allowing a conditional resident to file for a permanent green card without your spouse. In this instance, you would use the same I-751 petition form and select the waiver of the joint filing based on your specific circumstance. Some of the reasons one may qualify for a waiver include:

  • Your spouse passed away
  • You are divorced or in the process of a divorce
  • You were abused by your spouse
  • You would experience extreme hardship if removed from the United States

It is important to note that the timelines differ from the joint filing requirement. While it is still recommended that you file within the 90 day window before the expiration of your conditional residency,  the immigration regulations provide that an I-751 petition based on a waiver requirement of the joint filing, may be requested at any time before, during, or after the 90 day period. 

When requesting a waiver, it is critical that you work with a reputable immigration attorney that has significant experience in the specific type of waiver that you are requesting. Your I-751 petition will need to provide compelling and well-documented evidence to support the reason you need a waiver from the joint filing requirement. Attorney Vianey K. Hurtado has assisted many applicants in obtaining their permanent green card, in scenarios where a waiver has been requested based on death, divorce, separation, abuse, and extreme hardship.

How To File Form I-751 In Arizona

Removing the conditions on your marriage-based green card is a crucial step towards permanent residency in the United States. Filling out Form I-751, Petition to Remove Conditions on Residence, is the key to unlocking that security, but you need more than a single signature to complete the process. Remember the value of professional help. An experienced immigration lawyer can ensure your petition to remove conditions is completed correctly.

Here are the 11 parts to Form I-751, Petition To Remove Conditions On Residence.

Part 1 - Information About You, the Conditional Resident

Part 1 of Form I-751 requires you to fill in personal details such as your date of birth, country of birth, mailing address, and other relevant information. This section includes fields for your A-Number and USCIS Number, which are personal identifiers. Your A-Number can be found on your conditional Green Card, while the USCIS Number is used in online communications with USCIS. If you haven't set up an online account with USCIS, you might not have a USCIS number.

Part 2 - Biographic Information

Part 2 of Form I-751 requires you to fill in basic personal details. This includes your ethnicity, race, and physical characteristics like height, weight, eye color, and hair color. It's important to ensure accuracy in this section to match other official documents and aid in identity verification. To avoid processing delays, make sure all information is correct across all documentation in other forms for USCIS or government agencies. This section helps USCIS in confirming your identity.

Part 3 - Basis For The Petition

Part 3 of Form I-751 is where you specify whether you are filing jointly with your spouse or individually and detail your current marital status. In this section:

  • Filing Status: Indicate if you're filing jointly with your spouse or individually due to circumstances like divorce, separation, spousal abuse, or widowhood.
  • Marital Status and Reasons for Petitioning: Clearly state your marital status (married, divorced, widowed, separated) and explain why you are requesting to lift the conditions on your residency. The reasons will vary, especially for individual filers who may need to provide detailed explanations and evidence, such as a divorce decree or proof of a bona fide marriage.
  • Supporting Documentation: Depending on your situation, attach relevant documents like joint financial records, legal certificates, or evidence supporting your individual filing reasons.
  • Accuracy and Legal Implications: Ensure all information is accurate and complete, as this section is critical for USCIS to assess your petition.

Part 4 - Information About the U.S. Citizen or Lawful Permanent Resident Spouse

Part 4 of Form I-751 requires you to provide detailed information about your spouse, who must be a U.S. citizen or a Lawful Permanent Resident (LPR). This includes:

  1. Spouse's Details: Full legal name, date of birth, Social Security number, and, if they are an LPR, their Alien Registration Number (A-Number).
  1. Physical Address: The current residential address where you live with your spouse.

Additionally, if you are a child with conditional residency through a U.S. citizen or LPR stepparent, this section also applies to you. You will need to provide similar information about your stepparent.

The section might also ask for other relevant details about your spouse or stepparent, such as employment history. Accuracy here is crucial for USCIS to verify the legitimacy of your relationship. Wrong or outdated information can cause processing delays. Children filing through a stepparent should also be prepared to establish their relationship with additional documentation, like a marriage certificate between their biological parent and the stepparent.

Part 5 - Information About Your Children

Part 5 of Form I-751 is dedicated to providing information about your children, and it plays a crucial role in the process of removing conditions on your residency. Here's an overview:

  1. Details of Each Child: Include each child's full name, date of birth, country of birth, and Alien Registration Number (A-Number) if applicable.
  1. Children's Immigration Status: Indicate whether they are U.S. citizens, Lawful Permanent Residents, or hold another status. This helps USCIS understand your family's immigration composition.
  1. Including Children: If your children received conditional residency at the same time or shortly after you, they could be included in your petition. Those who adjusted their status later may need to file their own Form I-751.
  1. Accuracy is Essential: Ensure all information is accurate and aligns with other government records to avoid processing delays.
  1. Supporting Documentation: You might need to attach additional documents, like birth certificates or Green Cards, for each child.
  1. Update Family Changes: Report any new children, either born or adopted, after receiving conditional residency.

Part 6 - Accommodations

Part 6 of Form I-751 is designated for requesting accommodations due to disabilities or impairments during the immigration process. Here's an overview:

  1. Requesting Accommodations: Specify any special needs you or your family members may have. This could range from requiring a sign language interpreter for hearing impairments to needing wheelchair access for mobility issues.
  1. Types of Accommodations: Common requests include communication aids, physical accessibility features, and additional time for completing tasks, depending on the nature of the disability or impairment.
  1. Detailed Information: Clearly describe the accommodation needed and, if possible, provide medical documentation to support your request.
  1. Impact on Your Case: Requesting accommodations will not negatively impact your immigration process. It ensures you receive fair treatment and equal access to USCIS services.
  1. Legal Rights: U.S. law entitles individuals with disabilities to reasonable accommodations, and USCIS treats this information with confidentiality.

Part 7 - Provide Statement, Contact Information and Acknowledgment

Part 7 of Form I-751 is a critical section where you finalize and validate your petition. Here's an overview:

  1. Petitioner's Statement: Affirm that the information provided is accurate and true, indicating your understanding of the residency conditions.
  1. Contact Information: Provide current details like your address, phone number, and email to ensure USCIS can communicate with you effectively.
  1. Acknowledgment of USCIS Appointment: Confirm your awareness and availability for a USCIS Application Support Center (ASC) appointment, which is necessary for biometrics collection.
  1. Certifications and Documentation: Certify certain conditions related to your stay in the U.S. and attach all required supporting documents as per the instructions on the form.
  1. Physical Signature: Sign the form to legally bind yourself to the statements made, including the date of signing. Your signature confirms the truthfulness of your application.

Understand that your signature has legal consequences, and any false information can impact your immigration status.

Part 8 - Spouse's Information

Part 8 of Form I-751 is crucial for those filing jointly with a spouse. Here's an overview:

  1. Spouse's Contact Information: List your spouse's full contact details, including address, phone number, and email. This information should match any previously submitted data to USCIS.
  1. Spouse's Signature: For joint filers, the spouse must sign this part of the form, confirming their consent and the accuracy of the information provided.
  1. Individual Filers: If you're filing individually (due to situations like divorce or separation), your spouse's signature is not required. However, you will need to provide additional documentation explaining why you are not filing jointly, such as legal documents or evidence of special circumstances.
  1. Supporting Evidence for Individual Filers: Attach relevant documents that justify individual filing, like divorce decrees in cases of divorce.
  1. Differences in Filing: It's important to understand the differences between joint and individual filing. Joint filing involves both parties' participation, while individual filing requires a clear explanation and supporting evidence for the unique circumstances.

For individual filers, consulting with an immigration attorney can help ensure that your petition is complete and meets USCIS guidelines.

Part 9 - Interpreter Information (If needed)

Part 9 of Form I-751 is for those who require an interpreter during their immigration process. Here's a brief overview:

  1. Interpreter's Details: Include the interpreter's full name, mailing address, and contact information (phone number and email).
  1. Statement and Signature: The interpreter must provide a statement acknowledging their responsibility to accurately translate, along with their signature and the date. This confirms their commitment to providing precise translation services.
  1. Purpose: This information is necessary to ensure clear and fair communication during the immigration process, enabling USCIS to contact the interpreter if needed.

Part 10 - Preparers Information

Part 10 of Form I-751 is for individuals, like attorneys or others, who assist in completing the form but are not the petitioners themselves. Here's an overview:

  1. Preparer's Information: The preparer must provide their full name, mailing address, and contact details.
  1. Statement and Signature: They need to declare that they assisted with the form at the petitioner's request and sign and date the form, acknowledging their contribution.
  1. Legal Accountability: The signature holds the preparer accountable for the accuracy of the information they provide and allows USCIS to contact them for any clarifications.

Part 11 - Additional Information

Part 11 of Form I-751 is where you add any additional information relevant to your petition to remove conditions on residence. Here's an overview:

  1. Additional Details: Use this section for extra information or explanations not covered in other parts of the form, such as changes in circumstances or clarifications on previous responses.
  1. Reference and Organization: Clearly reference the related part and item number from the form for each piece of additional information. Ensure everything is presented clearly and easy to read, using separate sheets, if necessary, labeled with your name and A-Number.
  1. Consult an Immigration Attorney: An attorney can guide you on what to include and ensure your form meets USCIS's strict standards, reducing the risk of errors or omissions.
  1. Accuracy and Completeness: Providing complete and accurate information here is crucial for a successful petition.
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Contact An Immigration Attorney For Form I-751 In Phoenix

If you need to file Form I-751, attorney Vianey K. Hurtado can help. Hiring Vianey can help reduce the stress associated with the time restrictions and document requirements from USCIS. With a proven track record in handling immigration cases and her personal background as an immigrant's daughter, Hurtado brings a unique blend of professionalism and empathetic insight to her practice.

Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration, particularly in filing Form I-751. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.

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